Legal Blog:

Kim Ferreira and Dora Konomi Discuss ‘Following the File’ for the Peel Law Association

Kim Ferreira, a partner at SNF, and Dora Konomi, an associate at SNF, gave a presentation on file organization in the Civil Bar for the Peel Law Association’s Continuing Professional Development program. Kim and Dora highlighted how to prepare a file for filing, what goes on inside a filing office, and how to compose a file for CaseLines.

Dora Konomi Examines Using Technology to Sharpen Courtroom Advocacy

Dora Konomi, an associate at SNF, gave a presentation on elevating courtroom advocacy for The Advocates’ Society’s Technology for Litigators program. OBA civil participants commended Dora on her use of technology as a tool in the courtroom and her deliverance of practical information that can be implemented quickly.

Dora Konomi Selected as Greek America’s Forty Under 40

Dora Konomi, an associate at SNF, was named as one of Greek America’s Forty Under 40 for the year of 2020. Greek America is an international foundation that recognizes, honours, and celebrates the brightest and most successful members of the Greek diaspora who excel not only professionally but also philanthropically. As a member of the Forty Under 40 Class of 2020, Dora is in the company of fellow young professionals, changemakers, and community leaders.

Dora is an active member of Canada’s Hellenic community. Notably, she hosts an award-winning radio show and spearheads the Agape Greek Radio Music & Fashion Show, which fundraises for charities and promotes local Greek-Canadian artists. Dora is also an ambassador for the Hellenic Heritage Foundation (HHF).

Dora Konomi Named Young Advocates Standing Committee Member

Dora Konomi, an associate at SNF, was selected as a Young Advocates Standing Committee (YASC) member for 2022-2023. Dubbed “The Voice for Young Advocates,” the committee’s mandate is to represent advocates ten years of call or fewer by providing them with access to a community of peers and colleagues, and a platform within the society. As part of YASC, Dora looks forward to planning interactive events for young counsel to engage with the bench, senior lawyers, and their peers.

Kim Ferreira Wins Professional Excellence Award from Federation of Portuguese Canadian Business Professionals

Kim Ferreira, a partner at SNF, received the Federation of Portuguese Canadian Business & Professionals’ (FPCBP) Professional Excellence Award. For this award, Kim was celebrated at a gala dinner that recognized Portuguese heritage and success. The award honours an individual who demonstrates outstanding achievement in the provision of services while contributing to the Portuguese-Canadian community.

Costs and Bankruptcy Survival

Yanic DuFresne Excavation Inc. v. Saint Joseph Developments Ltd. 2022 Ont SCJ

Debtor went bankrupt and creditor brought a motion, even after the debtor and trustee had been discharged, that the debt survived bankruptcy under s. 178(1)(d) of the BIA. The creditor was successful and costs of the motion were agreed at $50,000. The debtor argued that the costs should not survive bankruptcy because they were incurred after the bankruptcy. The judge held that, if a judgement survives bankruptcy, it would be inequitable that costs would not. Costs are an intrinsic aspect and a consequence of the judgment.

Uncertainty

The Mortgages Act contains many provisions governing the relationship between mortgagors and mortgagees and, additionally, some provisions protecting purchasers of property under power of sale. Sometimes, a breach of a provision protecting a mortgagor can create havoc with what would normally seem to be an ordinary real estate transaction. This was demonstrated in 2544176 Ontario Limited v. 2394762 Ontario Inc. 2021 ONSC 3067.

However, the application judge’s decision in 2544176 Ontario Limited v. 2394762 Ontario Inc. 2021 ONSC 3067 was overturned by the Ontario Court of Appeal, after this case comment was written, holding that the mere fact that a mortgagee’s rights are suspended, does not eliminate its ability to provide good title. An amended discussion of the case will be available in early October 2022 under the collection category.